(PRWEB) December 21, 2012
Stephen Lukach III, the New Jersey DWI attorney, now advises clients who have been wrongly found guilty, due to breath testing procedures. People who are stopped in New Jersey and accused of driving under the influence of alcohol will be asked to provide breath samples for chemical testing on the Alcotest 7110 MKIII-C machine. Sometimes a number higher than the legal limit will show up on the machine and a person will be charged with a DWI. However, just because a number comes up on the machine doesn’t mean it is valid or that a Judge will ever see it. Clients who have been wrongly accused of driving under the influence, due to breath testing, should turn to DWI Attorney Stephen Lukach III.
As a respected NJ DWI Lawyer, Stephen Lukach explains the three elements that the State must prove for a breath sample to be used against an individual:
1. “First, the State must prove that the operator of the machine, usually the arresting officer, is certified to use the machine”, says Steve Lukach, who is also a certified Alcotest operator. “Normally, the operator’s wallet card will suffice.”
2. “Next, the State must prove that the machine is in proper working order. Many attorneys will take this for granted based solely on the foundational documents routinely supplied by the prosecutor. However, I always demand the service and repair records from the machine. When defending my clients, I want to know what was wrong with the machine causing it to need to be repaired and was it repaired correctly before it was put back into use by the police”, says Mr. Lukach.
3. “Finally, the State must prove that the machine operator followed proper procedure when obtaining the breath samples.” When asked what the proper procedure was, Mr. Lukach stated, “Well, the operator must observe the subject uninterrupted for the 20 minutes immediately preceding the testing. This is to insure that the test subject did not ingest alcohol, burp, vomit, or do anything that would affect the test. In addition, the subject should be seated for the test and the operator of the machine is required to change out the plastic mouthpiece before the first test and in between all other tests to prevent contaminants or mouth alcohol from affecting the test. These are just a few of the testing procedures that need to be followed.”
“That’s why I always tell people, just because you blew in a tube and a number came up, it doesn’t mean that you are guilty”, Mr. Lukach said. “The State must adhere to the elements of proof to have the reading entered into evidence and that is not as easy as it seems.”
About Stephen Lukach III:
Stephen Lukach III is admitted to practice law in New Jersey and Pennsylvania. His legal practice centers on DWI defenses. As a respected New Jersey DWI Lawyer, Stephen
Lukach III has been practicing DWI Law for several years. Along with being a member of the National College for DWI/DUI Defense, Mr. Lukach is a Qualified Practitioner in Standardized Field Sobriety Testing and a Certified Alcotest Operator. Mr. Lukach III has defended hundreds of clients and he takes pride in his many successes.
For further information on the DWI Lawyer in NJ, call 888-400-1DWI(1394) for a free consultation, or visit http://njdrunkdrivinglawyer.com/. Visit the site today for a free initial legal consultation with Stephen M. Lukach, III.